25. Pensions and similar obligations

General

The Fresenius Group recognizes pension costs and related pension liabilities for current and future benefits to qualified current and former employees of the Fresenius Group. Fresenius Group’s pension plans are structured differently according to the legal, economic and fiscal circumstances in each country. The Fresenius Group currently has two types of plans, defined benefit and defined contribution plans. In general, plan benefits in defined benefit plans are based on all or a portion of the employees’ years of services and final salary. Plan benefits in defined contribution plans are determined by the amount of contribution by the employee and the employer, both of which may be limited by legislation, and the returns earned on the investment of those contributions.

Upon retirement under defined benefit plans, the Fresenius Group is required to pay defined benefits to former employees when the defined benefits become due. Defined benefit plans may be funded or unfunded. The Fresenius Group has funded defined benefit plans in particular in the United States, Norway, the United Kingdom, the Netherlands and Austria. Unfunded defined benefit plans are located in Germany and France.

Actuarial assumptions generally determine benefit obligations under defined benefit plans. The actuarial calculations require the use of estimates. The main factors used in the actuarial calculations affecting the level of the benefit obligations are: assumptions on life expectancy, the discount rate and future salary and benefit levels. Under Fresenius Group’s funded plans, assets are set aside to meet future payment obligations. An estimated return on the plan assets is recognized as income in the respective period. Actuarial gains and losses are generated when there are variations in the actuarial assumptions and differences between the actual and the estimated return on plan assets for that year. A company’s pension liability is impacted by these actuarial gains or losses.

In the case of Fresenius Group’s funded plans, the defined benefit obligation is offset against the fair value of plan assets. A pension liability is recognized in the statement of financial position if the defined benefit obligation exceeds the fair value of plan assets. An asset is recognized and reported under other assets in the statement of financial position if the fair value of plan assets exceeds the defined benefit obligation and if the Fresenius Group has a right of reimbursement against the fund or a right to reduce future payments to the fund.

Under defined contribution plans, the Fresenius Group pays defined contributions during the employee’s service life which satisfies all obligations of the Fresenius Group to the employee. The Fresenius Group has a main defined contribution plan in North America.

Defined benefit pension plans

At December 31, 2009, the projected benefit obligation (PBO) of the Fresenius Group of € 556 million (2008: € 505 million) included € 237 million (2008:
€ 213 million) funded by plan assets and € 319 million (2008: € 292 million) covered by pension provisions. The current portion of the pension liability in an amount of € 10 million is recognized in the statement of financial position as short-term accrued expenses and other short-term liabilities. The non-current portion of € 309 million is recorded as pension liability.

66 % of the pension liabilities in an amount of € 319 million relate to the “Versorgungsordnung der Fresenius-Unternehmen” established in 1988 (Pension plan 1988), which applies for most of the German entities of the Fresenius Group except Fresenius Helios. The rest of the pension liabilities relates to individual plans from Fresenius Helios entities in Germany and non-German Group entities.

Plan benefits are generally based on an employee’s years of service and final salary. Consistent with predominant practice in Germany, the benefit obligations of the German entities of the Fresenius Group are unfunded. The German Pension Plan 1988 does not have a separate pension fund.

FMCH, a subsidiary of Fresenius Medical Care, has a defined benefit pension plan for its employees in the United States and supplemental executive retirement plans. During the first quarter of 2002, FMCH curtailed these pension plans. Under the curtailment amendment for substantially all employees eligible to participate in the plan, benefits have been frozen as of the curtailment date and no additional defined benefits for future services will be earned. FMCH has retained all employee benefit obligations as of the curtailment date. Each year, FMCH contributes at least the minimum amount required by the Employee Retirement Income Security Act of 1974, as amended. There was no minimum funding requirement for FMCH for the defined benefit plan in the year 2009. FMCH voluntarily contributed US$ 0.8 million (€ 0.5 million) during the year 2009. Expected funding for 2010 is
US$ 0.6 million (€ 0.4 million).

Fresenius Group’s benefit obligations relating to fully or partly funded pension plans were € 263 million. Benefit obligations relating to unfunded pension plans were € 293 million.

The following table shows the changes in benefit obligations, the changes in plan assets and the funded status of the pension plans. Benefits paid as shown in the changes in benefit obligations represent payments made from both the funded and unfunded plans while the benefits paid as shown in the changes in plan assets include only benefit payments from Fresenius Group’s funded benefit plans.

The funded status has developed as follows:

in million € 2009 2008
Benefit obligations at the beginning of the year 505 498
Changes in entities consolidated 6 0
Foreign currency translation - 4 2
Service cost 14 15
Prior service cost 1 2
Interest cost 31 28
Contributions by plan participants 1 1
Transfer of plan participants
Curtailments / settlements - 5 - 1
Actuarial losses / gains 23 - 25
Benefits paid - 16 - 15
Amendments
Benefit obligations at the end of the year 556 505
thereof vested 463 437
     
Fair value of plan assets at the beginning of the year 213 226
Changes in entities consolidated 4 1
Foreign currency translation - 4 1
Actual return on plan assets 27 - 15
Contributions by the employer 4 6
Contributions by plan participants 1 1
Settlements - 2 - 1
Transfers 0
Benefits paid - 6 - 6
Fair value of plan assets at the end of the year 237 213
Funded status as of December 31 319 292

in million € 2009 2008
Benefit obligations at the beginning of the year 505 498
Changes in entities consolidated 6 0
Foreign currency translation - 4 2
Service cost 14 15
Prior service cost 1 2
Interest cost 31 28
Contributions by plan participants 1 1
Transfer of plan participants
Curtailments / settlements - 5 - 1
Actuarial losses / gains 23 - 25
Benefits paid - 16 - 15
Amendments
Benefit obligations at the end of the year 556 505
thereof vested 463 437
     
Fair value of plan assets at the beginning of the year 213 226
Changes in entities consolidated 4 1
Foreign currency translation - 4 1
Actual return on plan assets 27 - 15
Contributions by the employer 4 6
Contributions by plan participants 1 1
Settlements - 2 - 1
Transfers 0
Benefits paid - 6 - 6
Fair value of plan assets at the end of the year 237 213
Funded status as of December 31 319 292

The discount rates for all plans are based upon yields of portfolios of equity and highly rated debt instruments with maturities that mirror the plan’s benefit obligation. Fresenius Group’s discount rate is the weighted average of these plans based upon their benefit obligations.

The following weighted-average assumptions were utilized in determining benefit obligations as of December 31:

in % 2009 2008
Discount rate 5.86 6.21
Rate of compensation increase 3.30 3.56
Rate of pension increase 1.81 1.94

in % 2009 2008
Discount rate 5.86 6.21
Rate of compensation increase 3.30 3.56
Rate of pension increase 1.81 1.94

At December 31, 2009, the accumulated benefit obligations for all defined benefit pension plans were € 515 million (2008: € 471 million).

The following table relates to pension plans with projected benefit obligations and accumulated benefit obligations in excess of plan assets:

in million € 2009 2008
Projected benefit obligation (PBO) 556 505
Accumulated benefit obligation (ABO) 515 444
Fair value of plan assets 237 213

in million € 2009 2008
Projected benefit obligation (PBO) 556 505
Accumulated benefit obligation (ABO) 515 444
Fair value of plan assets 237 213

The pre-tax changes of other comprehensive income (loss) relating to pension liabilities during the years 2009 and 2008 are provided in the following tables:

in million € As of
January 1,
2009
Releases 1 Additions Foreign
currency
translation
As of
December 31,
2009
1 Effects recognized in the consolidated statement of income
Actuarial gains and losses - 49 4 - 10 1 - 54
Prior service cost 4 4
Transition obligation - 1 1 - 1 - 1
Adjustments related to pension liabilities - 46 5 - 11 1 - 51

in million € As of
January 1,
2009
Releases 1 Additions Foreign
currency
translation
As of
December 31,
2009
1 Effects recognized in the consolidated statement of income
Actuarial gains and losses - 49 4 - 10 1 - 54
Prior service cost 4 4
Transition obligation - 1 1 - 1 - 1
Adjustments related to pension liabilities - 46 5 - 11 1 - 51

in million € As of
January 1,
2008
Releases 1 Additions Foreign
currency
translation
As of
December 31,
2008
1 Effects recognized in the consolidated statement of income
Actuarial gains and losses - 43 2 - 6 - 2 - 49
Prior service cost 5 1 - 2 4
Transition obligation - 1 0 - 1
Adjustments related to pension liabilities - 39 3 - 8 - 2 - 46

in million € As of
January 1,
2008
Releases 1 Additions Foreign
currency
translation
As of
December 31,
2008
1 Effects recognized in the consolidated statement of income
Actuarial gains and losses - 43 2 - 6 - 2 - 49
Prior service cost 5 1 - 2 4
Transition obligation - 1 0 - 1
Adjustments related to pension liabilities - 39 3 - 8 - 2 - 46

For the tax effects on other comprehensive income at December 31, 2009 see note 28, Other comprehensive income (loss).

The Fresenius Group expects the following amounts to be amortized from other comprehensive income into net periodic pension cost in the year 2010:

in million € 2010
Actuarial gains and losses 4
Prior service cost
Transition obligation

in million € 2010
Actuarial gains and losses 4
Prior service cost
Transition obligation

Defined benefit pension plans’ net periodic benefit costs of € 35 million (2008: € 28 million) were comprised of the following components:

in million € 2009 2008
Service cost 14 15
Interest cost 31 28
Expected return on plan assets - 15 - 15
Amortization of unrealized actuarial gains / losses, net 3 - 1
Amortization of prior service costs 1
Amortization of transition obligations 1
Settlement loss 1
Net periodic benefit cost 35 28

in million € 2009 2008
Service cost 14 15
Interest cost 31 28
Expected return on plan assets - 15 - 15
Amortization of unrealized actuarial gains / losses, net 3 - 1
Amortization of prior service costs 1
Amortization of transition obligations 1
Settlement loss 1
Net periodic benefit cost 35 28

Net periodic benefit cost is allocated as personnel expense within cost of sales or selling, general and administrative expenses as well as research and development expenses. The allocation depends upon the area in which the beneficiary is employed.

The following weighted-average assumptions were used in determining net periodic benefit cost for the year ended December 31:

in % 2009 2008
Discount rate 6.21 5.80
Expected return of plan assets 5.74 7.06
Rate of compensation increase 3.56 3.66

in % 2009 2008
Discount rate 6.21 5.80
Expected return of plan assets 5.74 7.06
Rate of compensation increase 3.56 3.66

Changes in the discount factor, inflation and mortality assumptions used for the actuarial computation resulted in actuarial losses in 2009 which increased the fair value of the defined benefit obligation. Unrecognized actuarial losses outside the 10 % corridor for each defined benefit plan were € 54 million (2008: € 49 million).

The following table shows the expected benefit payments for the next ten years:

for the fiscal years in million €
2010 18
2011 19
2012 20
2013 22
2014 23
2015 to 2019 148
Total expected benefit payments 250

for the fiscal years in million €
2010 18
2011 19
2012 20
2013 22
2014 23
2015 to 2019 148
Total expected benefit payments 250

The Fresenius Group uses December 31, 2009 as the measurement date in determining the funded status of all plans.

The major part of pension liabilities relates to Germany. At December 31, 2009, 81 % of the pension liabilities were recognized in Germany, 19 % in the rest of Europe and North America.

Approximately two thirds of the beneficiaries were located in North America, approximately one quarter in Germany and the remainder throughout the rest of Europe and other continents.

The fair value of plan assets by categories are as follows:

in million € Quoted prices for
active markets
for identical
assets
Level 1
Significant
observable
inputs
Level 2
Total as of
December 31,
2009
1 This category mainly comprises low-cost equity funds not actively managed that track the S & P 500, S & P 400, Russell 2000, MSCI EAFE Index, MSCI Emerging Markets Index and the Barclays Capital Long Corporate Index.
2 This category comprises government fixed income investments with the majority coming from european countries.
3 This category mainly represents investment grade bonds from diverse industries.
4 This category mainly comprises US Treasury bills and bonds.
5 This category mainly comprises cash, pension plan reinsurance and real estate investments.
Categories of plan assets      
Equity investments 78 0 78
Index Funds 1 72 0 72
Other equity investments 6 0 6
Fixed income investments 37 106 143
Government Bonds 2 18 2 20
Corporate Bonds 3 13 104 117
Other fixed income
investments 4
6 6
Other 5 13 3 16
Total 128 109 237

in million € Quoted prices for
active markets
for identical
assets
Level 1
Significant
observable
inputs
Level 2
Total as of
December 31,
2009
1 This category mainly comprises low-cost equity funds not actively managed that track the S & P 500, S & P 400, Russell 2000, MSCI EAFE Index, MSCI Emerging Markets Index and the Barclays Capital Long Corporate Index.
2 This category comprises government fixed income investments with the majority coming from european countries.
3 This category mainly represents investment grade bonds from diverse industries.
4 This category mainly comprises US Treasury bills and bonds.
5 This category mainly comprises cash, pension plan reinsurance and real estate investments.
Categories of plan assets      
Equity investments 78 0 78
Index Funds 1 72 0 72
Other equity investments 6 0 6
Fixed income investments 37 106 143
Government Bonds 2 18 2 20
Corporate Bonds 3 13 104 117
Other fixed income
investments 4
6 6
Other 5 13 3 16
Total 128 109 237

The methods and inputs used to measure the fair value of plan assets are as follows:

Index funds and other equity investments are valued at their market prices as of the balance sheet date.

The majority of the fair values of the government bonds are measured based on market quotes. The remaining government bonds are valued at their market prices.

Corporate bonds and other bonds are valued based on market quotes as of the balance sheet date.

US Treasury bills and bonds are valued at their market prices.

The fair values of real estate investments are confirmed by sources independent from the reporting entity at least once a year.

Plan investment policy and strategy

For the North American funded plan, the Fresenius Group periodically reviews the assumptions for long-term expected return on pension plan assets. As part of the assumptions review, a range of reasonable expected investment returns for the pension plan as a whole was determined based on an analysis of expected future returns for each asset class weighted by the allocation of the assets. The range of returns developed relies both on forecasts, which include the actuarial firm’s expected long-term rates of return for each significant asset class or economic indicator, and on broad-market historical benchmarks for expected return, correlation, and volatility for each asset class. As a result, the expected rate of return on pension plan assets of the North American pension plan was 7.5 % for the year 2009.

The overall investment strategy for the North American pension plan is to achieve a mix of approximately 98 % of investments for long-term growth and 2 % for near-term benefit payments with a wide diversification of asset types, fund strategies and fund managers.

The target allocations for plan assets in North America are 35 % equity securities and 65 % long-term US bonds. The investment policy considers that there will be a time horizon for invested funds of more than five years. The total portfolio will be measured against a policy index that reflects the asset class benchmarks and the target asset allocation. The plan policy does not allow investments in securities of FMC-AG & Co. KGaA or other related party securities. The performance benchmarks for the separate asset classes include: S & P 500 Index, S & P 400 Index, Russell 2000 Growth Index, MSCI EAFE Index, MSCI Emerging Markets Index, Barclays Capital Long Term Government Index and Barclays Capital 20 Year US Treasury Strip Index.

The following schedule describes Fresenius Group’s allocation for its funded plans.

in % Allocation
2009
Allocation
2008
Target
allocation
Equity investments 33.15 34.27 35.32
Fixed income investments 60.35 61.94 58.97
Other incl. real estate 6.50 3.79 5.71
Total 100.00 100.00 100.00

in % Allocation
2009
Allocation
2008
Target
allocation
Equity investments 33.15 34.27 35.32
Fixed income investments 60.35 61.94 58.97
Other incl. real estate 6.50 3.79 5.71
Total 100.00 100.00 100.00

The overall expected long-term rate of return on assets of the Fresenius Group amounts to 6.92 % compounded annually. Contributions to plan assets for the fiscal year 2010 are expected to amount to € 5 million.

Defined contribution plans

Fresenius Group’s total expense under defined contribution plans for 2009 was € 27 million (2008: € 22 million). The main part relates to the North American savings plan, which employees of FMCH can join. Employees can deposit up to 75 % of their pay up to an annual maximum of US$ 16,500 if under 50 years old (US$ 22,000 if 50 or over) under this savings plan. Fresenius Medical Care will match 50 % of the employee deposit up to a maximum Company contribution of 3 % of the employee’s pay. Fresenius Medical Care’s total expense under this defined contribution plan for the years ended December 31, 2009 and 2008 was € 20 million and € 18 million, respectively.

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26. Noncontrolling interest

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